Just because you have been arrested for a Texas DWI or DUI and either refused to take the breath test or took the breath test and failed it, does not mean you automatically lose your Texas driver’s license.
In fact, Johnson, Johnson & Baer, P.C. has had tremendous success in saving our clients’ Texas driver’s licenses. Many of our clients never lose their privilege to drive because of their arrest in or around Harris County. While many other lawyers do not even challenge your driver’s license suspension, we fight each and every suspension possible.
When you were arrested or released from custody, the officer should have given you a form that is either yellow or white entitled,“NOTICE OF SUSPENSION / TEMPORARY DRIVING PERMIT.” This piece of paper is your Texas driver’s license and you are legal to drive without restrictions as if you still had your original Texas driver’s license in your possession for a minimum of 40 days after the date of your arrest.
In order for us to have a chance to save your Texas Driver’s License all together, we must notify the Department of Public Safety (DPS) that we are challenging the suspension within 15 days after your arrest. If we do not notify DPS within this 15 day period, you have lost the ability to fight the suspension and your license will be automatically suspended on the 41st day after your arrest. When we notify DPS within 15 days, your Texas driver’s license will not be suspended unless and until we have a hearing and an Administrative Law Judge makes a ruling whether or not DPS has the right to suspend your driving privileges. Many times we are successful in having these cases dismissed.
If your Texas driver’s license is suspended as a result of your arrest, Johnson, Johnson & Baer, P.C. will strive to keep you driving legally by requesting that the Court order DPS to give you an occupational driver’s license to drive you to and from work, school, home, and all other court ordered activities.